SB 85: "An Act relating to failure to report a crime."
00 SENATE BILL NO. 85 01 "An Act relating to failure to report a crime." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.56.765 is repealed and reenacted to read: 04 Sec. 11.56.765. Failure to report a violent crime. (a) A person, other than 05 the victim, commits the crime of failure to report a violent crime if the person 06 (1) either 07 (A) is informed by another that the other person has committed 08 or attempted to commit 09 (i) the murder of a person; 10 (ii) the kidnapping of a person; 11 (iii) sexual contact or sexual penetration of a person 12 without the consent of the victim or when the victim was mentally 13 incapable, the victim was incapacitated, or the victim was unaware that 14 a sexual act was being committed; 15 (iv) the assault of a person causing serious physical
01 injury to the victim; or 02 (v) the robbery of a person; or 03 (B) witnesses what the person knows or reasonably should 04 know is 05 (i) the murder or attempted murder of a person by 06 another; 07 (ii) the kidnapping or attempted kidnapping of a person 08 by another; 09 (iii) sexual contact or penetration or attempted sexual 10 contact or penetration by another of a person without the consent of the 11 victim or when the victim is mentally incapable, incapacitated, or 12 unaware that a sexual act is being committed; 13 (iv) the assault of a person by another causing serious 14 physical injury to the victim; or 15 (v) the robbery by another of a person; and 16 (2) does not in a timely manner report that crime to a peace officer or 17 law enforcement agency. 18 (b) In a prosecution under this section, it is an affirmative defense that the 19 defendant 20 (1) did not report in a timely manner because the defendant reasonably 21 believed that doing so 22 (A) would have exposed the defendant or others to a substantial 23 risk of physical injury; or 24 (B) was unnecessary because the person who committed or 25 attempted to commit the crime had already been prosecuted for those particular 26 actions; 27 (2) acted to stop the commission of the crime and stopped 28 (A) the commission of the crime; or 29 (B) the completion of the crime being attempted. 30 (c) In this section, 31 (1) "incapacitated" has the meaning given in AS 11.41.470;
01 (2) "mentally incapable" has the meaning given in AS 11.41.470; 02 (3) "sexual act" has the meaning given in AS 11.41.470; 03 (4) "without consent" has the meaning given in AS 11.41.470. 04 (d) Failure to report a violent crime is a class C felony.